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By Bob O’Neal
Safety Education Specialist
M/I Homes of Charlotte hosted a hands-on safety
training session for its employees working on new
home construction in the Ardrey Woods subdivision
south of Charlotte on April 8. Trainers from the
NCDOL Occupational Safety and Health Division’s
Education, Training and Technical Assistance Bureau
brought Labor One and provided training in both
English and Spanish.
Labor One is the N.C. Department of Labor’s mobile
training unit. It allows the department to provide
employers with safety and health training at their
jobsite or place of business, reducing the amount of
time lost from travel.
“We launched our mobile classroom in 2001
because we wanted to visit as many worksites as
possible in all corners of the state,” Labor Commissioner
Cherie Berry said. “Our safety professionals have
offered training courses in English and Spanish. Construction has been a major focus.”
M/I Homes has been in the Charlotte area since 1986 and has built 4,800 homes that have sold. The company has created an environment
revolving around safety and the continuous training for it. Steve Suttles, vice president for construction, has implemented safety training in the
field on a regular basis and continues to improve the company’s safety rating. M/I Homes Charlotte received the highest Zurich quarterly audit
inspection scores in the company’s history. These audits include construction practices and safety.
The training with Labor One was M/I Homes first safety training with every trade and every worker involved. The company halted
production for the morning to ensure that every worker would attend. The training provided hands-on instruction geared toward hazards in
the residential construction industry.
“The training was a huge success,” Suttles said. “Sometimes the message does not reach the workers. By having the actual workers there,
the safety message reaches the people who are doing the work.”
Labor Commissioner Cherie Berry spoke to all the workers at the beginning of the safety training.
“It was an honor to be invited to speak at M/I Homes for your construction safety day,” Commissioner Berry said. “This company has an
outstanding group of people who value their commitment to worker safety, which is so very important these days.”
Commissioner Berry credited employers and employee groups for implementing sound safety programs that have reduced other work
hazards. The Labor Department established special emphasis programs to target hazardous industries throughout the state, such as construction.
“We’ve witnessed a new level of awareness about safety on the part of employers and employees in our state,” Commissioner Berry said.
“Everyone must continue to work hard because even one fatality or injury is too much.”
She highlighted companies like M/I Homes for taking part in leading and reducing these injuries and illness. Training events like this
benefit all employees from the presidents of companies, to supervisors, down to the individual subcontractors’ employees.
“We believe the last four years show the single biggest improvement in the history of workplace safety in the state,” Commissioner Berry said.
The training provided hands-on opportunities for the workers. One worker, for instance, volunteered to demonstrate how to put on a safety
harness. Alan Fortner, NCDOL Hispanic outreach coordinator, explained how the worker had put the harness on incorrectly and told him how
to do it correctly.
Labor One Safety Training for M/I Homes Employees
Alan Fortner, NCDOL Hispanic outreach consultant, translates Labor Commissioner
Cherie Berry’s remarks for the Spanish-speaking employees of M/I Homes. The Labor
Department’s mobile training unit—Labor One—can be seen in the background.
continued on page 3
May-June 2010
The Third Annual N.C. Lineman’s Rodeo is coming up
Saturday, May 22. The rodeo takes place during the Got
to Be N.C. Festival at the State Fairgrounds in Raleigh.
It is one of my favorite events of the year.
The participants display many different skills during
the rodeo. This year’s event will showcase linemen changing
a pole-mounted transformer; removing and then replacing
horizontal cross arms and bracing on a utility pole; and
rescuing an injured lineman from a utility pole. The
demonstrations will feature both climbing techniques
and the use of a bucket truck.
In addition, Pike Electric will bring its “live line”
demonstration vehicle, which is a training tool used by
the company’s safety department to teach employees,
customers, paramedics, firefighters and the general public
what can happen if electricity is not respected. It has a
transformer that is used to back feed the three-pole
distribution line to 6,900 volts.
Our Apprenticeship and Training Bureau’s list of
apprenticeable occupations include several different
lineman training opportunities. These trades exemplify
the strength of apprenticeship programs—providing
participants with both the classroom knowledge and the
hands-on skills needed to succeed.
I like to call apprenticeship the other four-year degree.
The big difference is apprentices are earning while
they’re learning. They don’t graduate with student
loans—they graduate with jobs. I encourage students,
parents and young workers to explore the opportunities
apprenticeship offers.
Inside this edition:
Cummins Celebrates New Journey Workers page 3
Top Tips to Preventing Heat Stress page 4
Changes Enacted to Enhance Firework Safety page 5
Mine and Quarry Seminars Held in April page 6
NCDOL Launches “Train the Trainer” Program page 6
Deadly Mistakes page 7
Workplace Worries page 7
Bulletin Board page 8
2
From
Commissioner
Cherie Berry
Cherie Berry
Commissioner of Labor
Editor........................................................................Neal O’Briant
Layout and Design..............................................Jeff Wilson
Publications Bureau Chief....................Mike Daniels
1101 Mail Service Center
Raleigh, NC 27699-1101
1-800-625-2267 • www.nclabor.com
Recognition Roundup recognizes businesses that qualify for one of the
N.C. Department of Labor recognition programs. Congratulations to all of
the recent award recipients. To view a complete list of all North Carolina Star
recipient companies, visit www.nclabor.com/osha/star/starsite.htm.
To view a complete list of all North Carolina SHARP companies, visit
www.nclabor.com/osha/consult/sharp_sites.pdf.
Recognition Roundup
Safety and Health Achievement Recognition
Program (SHARP) Award
Parker Marine Enterprises Inc., Beaufort
The Tarheel Electric Membership Association Inc., Raleigh
SCYNEXIS Inc., Tricenter Blvd., Durham
SCYNEXIS Inc., Kit Creek Road, Durham
Rising Star Award
Pactiv Corp., Huntersville
Building Star Award
Balfour Beatty Infrastructure Inc., Southeast Region, Wilmington
Public Sector Star Award
N.C. Department of Agriculture and Consumer Services,
Agronomic Services Division, Raleigh
Carolina Star Award
Kimberly-Clark Corp., Berkeley Mills, Hendersonville
(recertification)
N.C.Department of Labor
Make safety a priority this summer!
By Neal O’Briant
Public Information Officer
Cummins Rocky Mount Engine Plant recognized
13 new journey workers at a celebration luncheon
April 20. These employees completed a four-year
apprenticeship program that includes 8,000 hours of
on-the-job training and an average of 34 semester
hours of classroom instruction at local community
colleges. Cummins has five trades registered in its
apprenticeship program: mechanical machine repair,
electrical machine repair, instrumentation, toolmaker
and test cell instrumentation.
Jim Kornegay, NCDOL eastern field supervisor with
the NCDOLApprenticeship and Training Bureau, was
the guest speaker at the recognition luncheon.
“I helped develop and register Cummins’ apprentice-ship
program with two trades in 1989,” Kornegay said.
“I am proud to see the apprenticeship program has grown
to five disciplines. To date, 189 journey workers have
completed their apprenticeship training at Cummins,
with a remarkable 80 percent completion rate.”
Wayne Ripberger, general manager of Cummins
Rocky Mount Engine Plant, reminded the new journey
workers that while finishing their apprenticeship was
an important benchmark in their careers, learning was
a lifelong continuous process.
Robin Odom, assistant bureau chief with the
NCDOL Apprenticeship and Training Bureau, and
Lula Powell, NCDOL apprenticeship consultant, presented the completion certificates to each journey worker.
Jesse Ellis and Scott Harrison received academic excellence awards for completing the program with the highest grade-point averages.
3
Cummins Rocky Mount Engine Plant Celebrates New Journey Workers
Cummins Rocky Mount Engine Plant recognized 13 new journey workers April 20. (l-r)
Wayne Ripberger, Cummins RMEP general manager; Donte Myrick; Ron Ellis, Cummins
RMEP human resources director; Charlie Grant; Haywood Hendricks; Kevin Taylor; Lula
Powell, NCDOL apprenticeship consultant; Scott Harrison; Robin Odom, NCDOL assistant
bureau chief for apprenticeship and training; Marvin Tyler; Kenneth Farmer; Corey
Pittman; Kelly Littlefield; Jim Kornegay, NCDOL eastern field supervisor for apprenticeship
and training; and Jay Carlin, Cummins RMEP supervisor of apprentices. Journey workers
not pictured: George Earp, Jesse Ellis, James Harrison and Robert Harrison.
Labor One Safety Training for M/I Homes Employees
continued from page 1
“The workers really learn better by seeing,” Suttles said. “We received feedback from them that they learned a lot of things they did not
know.”
Commissioner Berry made creating strong partnerships with the private sector one of her top priorities after being elected in 2000. She
wants businesses and government to work together to create a safer North Carolina.
“At the end of the day,” Suttles said, “if we can save one life, it’s phenomenal.”
Labor Commissioner Cherie Berry presents the Building Star certificate to Mike
Humphrey, vice president of operations for David Weekley Homes on May 10. David
Weekley Homes is a leader in residential construction industry in the United States and
builds homes in 14 markets from Colorado to the Carolinas. The company is the second
largest privately-held builder in America.
Get your FREE subscription today!
By Regina Luginbuhl
Agricultural Safety and Health Bureau Chief
Several years ago, the NCDOL Agricultural Safety and Health Bureau had a problem: workers were dying from heat stress/heat stroke.
There were four farmworker deaths in 2005, and three in 2006.
The ASH Bureau got help: a survey of 1,000 North Carolina growers indicated that the problem was not an isolated one: both farmworkers
and farm operators suffered from heat stress. It was also a community problem: high school athletes suffered from heat stress, as did firefighters,
and those who worked in hot, unventilated areas during the summer months.
Farmworkers who were unfamiliar with North Carolina’s deadly combination of heat and humidity were especially vulnerable. Many
arrived ready to work in July and came from areas that were hot but arid. They were not prepared for work in tobacco fields with little shade
where humidity was high.
The Agricultural Safety and Health Bureau prepared materials and programs to attack the problem: bilingual educational news bulletins,
posters, DVDs and other materials discussing heat stress/stroke symptoms and prevention methods. These materials were shared with North
Carolina farm operators.
In 2008, the Agricultural Safety and Health Bureau’s summer intern Lauren Bauer had a conversation with Kevin King, staff athletic trainer
at the University of North Carolina at Chapel Hill, regarding the ASH Bureau’s interest in preventing heat stress and heat stroke.
Prior to coming to UNC, Kevin spent more than three years as a staff assistant athletic trainer working football in the ACC. He also served
as a sports medicine intern with the following teams: Cleveland Browns, New York Giants, Pittsburgh Pirates, San Diego Padres, and the
Carolina Mudcats. Currently working with UNC athletes, and particularly with football players in the summer months when heat and humidity
are high, King knows a lot about heat prevention. He provided several very practical ideas.
Former intern Lauren Bauer graduated with a dual major in biology and Spanish in May 2010. She plans to enter medical school in the fall.
We wanted to share their discussion of heat prevention with you, our readers.
Bauer: What is the best way to cool someone down when they are overheated?
King: The best method of cooling (lowering the body’s core temperature) is ice water immersion.
There is nearly a 100 percent success rate documented when utilizing this technique. However, this
care must occur during the “Golden Half Hour”—the first 30 minutes after a person begins to
exhibit signs of heat injury. The goal is to lower the body’s core temperature to 100–102°F. Ice
water immersion can be performed in a 100-gallon tub.
Bauer: What’s the best way for someone to know when they are not drinking enough liquid?
King: Dehydration is one of the primary causes of heat illness. Therefore, one of the key factors
for prevention is staying well-hydrated. One of the easiest ways that employees can assess dehy-dration
is by voiding their bladder and doing a “color check.” When you have been drinking
enough fluids (and are well-hydrated), your urine will be a very pale color. See the chart below.
The light colors indicate good hydration and the darker colors indicate a need to increase fluid
intake. In addition, weight loss can also be an indicator of hydration status. Obtain a weight before
an activity and compare the measure to the weight post-activity. A loss of more than 2 percent of
body weight indicates dehydration and can lead to dysfunction.
Bauer: What are some of the suggested supplies for a heat illness prevention program?
King: Use this list. These supplies are readily available and none are expensive. They should be part of a good heat stress prevention program.
100-gallon rubber tub or child’s wading pool and ice Scale Fan/air conditioner
Rehydration fluids (sports drinks/water) Shaded area (tent/building) Thermometer
Means of monitoring the temperature and relative humidity Urine chart Cell phone
All of these are relatively inexpensive, easy to use, and effective. If you have
employees who work in the heat and humidity, keep this article and be prepared to
use its information to prevent heat stroke. If an employee becomes overheated,
remember the Golden Half Hour and begin these steps to cool down the overheated
employee immediately after dialing 911 and the outcome will be a positive one.
Since 2006, there have not been any heat stress fatalities in agriculture in North
Carolina. We will keep working on the programs available, creating others as needed,
and partnering with the agricultural community so that we can to keep this positive
news—no heat stress fatalities—current for the summer ahead.
Note: For more information on heat stress, view the segment on heat stress
presented in the agricultural safety and health farm safety DVD, A Guide to
Preventing Heat Stress, and information in the Agricultural Safety and Heath
Guide and in other materials produced by the N.C. Department of Labor. Share the
DVD with your workers and ensure that they understand what heat stress is and
how to prevent it. Call (919) 807-2923 to obtain a copy of the DVD.
Top Tips to Preventing Heat Stress
A tub like this one, filled with enough ice
water to cover the victim’s entire body,
works well for ice water immersion. A
child’s plastic wading pool also works.
!
" # $
% !
&
!
&
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!
( ) * #
#
!
A urine chart like this one can help you to assess if you
are drinking enough fluids.
4
5
By Ed Lewis
Safety Standards Officer
Firework celebrations are enjoyed by millions of people
around the world. Fireworks displays have become progressively
more complex in an effort to enhance the spectacular nature of
the pyrotechnic effects.
Display fireworks—also known as commercial fireworks,
Class B special fireworks and 1.3G explosives—are pyrotechnic
devices intended for use outdoors where the audience is at a
distance. It typically takes an entire day to set up a professional
fireworks display. The size of these fireworks can range from 2
inches to more than 24 inches in diameter, depending on the
effect and distance from the audience.
On July 4, 2009, fireworks contained inside a rental truck
exploded while the workers prepared for a 40-minute fireworks
display at Ocracoke Island on North Carolina’s Outer Banks,
resulting in the death of four employees and serious burns to a
fifth employee.
The federal Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) is responsible for the regulation of explosives
and has jurisdiction over the storage and transportation/security
of fireworks. At the time of the explosion, North Carolina laws did not require operators to be trained or certified when participating in
pyrotechnic activity.
The N.C. General Assembly enacted the Pyrotechnics Safety Permitting Act last summer after the explosion to improve pyrotechnic safety
in North Carolina. This law sets established guidelines for the Office of State Fire Marshal in the N.C. Department of Insurance to regulate
testing and training requirements. These requirements can be found at N.C. Gen. Stat. 58-82A, Pyrotechnics Training and Permitting, and 11
NCAC 05D.
The Office of State Fire Marshal requires that operators have the permits that it issues. There is a special permit for assistants who perform
shows under the direct supervision of an operator. In addition, there is a permit required from the county commissioners as specified in N.C.
Gen. Stat. 14-413. Pyrotechnic displays are permitted in counties or cities that have passed ordinances allowing such displays. The local
governmental authority may issue a pyrotechnic display permit to any applicant who meets requirements.
While there are no specific OSHA standards that address pyrotechnic procedures, N.C. General Statute 95-129(1), commonly referred to
as the General Duty Clause, may be applied for recognized hazards not covered by a specific standard. The N.C. Department of Labor issued
citations to the company involved in last year’s fatal fireworks explosion. The citations listed nine serious violations—including five General
Duty Clause violations—and two non-serious violations, with a total penalty of $44,800. The company has appealed the citations.
Guidance on proper handling of fireworks is available from the American Pyrotechnics Association’s Display Fireworks Training Program
and the National Fire Protection Association’s Code for Fireworks Display (NFPA 1123). Additional guidance is available on a number of
related subjects such as storage, transportation, static electricity and security through additional APA, NFPA, DOT and ATF documents.
Safety techniques when setting up a fireworks display
􀀰 Remove all potential sources of ignition; e.g., lighters, cigarettes, matches, metal clipboards, motors, metal pens and pencils.
􀀰 Use non-spark producing tools.
􀀰 Do not use mobile phones while involved in pyrotechnic activities. Radio frequency signals from mobile phones may set off explosions.
􀀰 Prevent static electricity in the area of explosives. The human body is an electrical conductor and has been responsible for numerous
incidents of static electric discharge (NFPA 77).
􀀰 Do not wear improper clothing when involved in pyrotechnic activity. Proper clothing includes all-cotton garments.
􀀰 Never work with pyrotechnics alone. Make sure someone else is in the area.
􀀰 Keep safe distances from props used in the show.
􀀰 Keep fire extinguishers and buckets of water on site at all times.
􀀰 Humidity, cold and heat may affect the way props work. Always plan for the unexpected when setting up a fireworks display.
Changes Enacted to Enhance Firework Safety
www.nclabor.com 􀂙 1-800-625-2267
Damaged rental truck sits near Ocracoke Island’s South Ferry Terminal after
a fireworks explosion killed four and injured one on July 4, 2009.
6
By Neal O’Briant
Public Information Officer
The NCDOL Mine and Quarry Bureau held two seminars for
the mining industry in April. The Eastern North Carolina Mine
Safety and Health Seminar took place in Wilson on April 27.
The Western North Carolina Mine Safety and Health Seminar
followed in Statesville the next day. These seminars brought
industry leaders together to discuss mine safety and learn about
industry trends.
William Gerringer, bureau chief for the Mine and Quarry
Bureau, welcomed participants to the seminars and introduced
Labor Commissioner Cherie Berry. Gerringer dedicated the
program to the 29 coal miners who died in West Virginia earlier
in April and showed a slide presentation that included a photo
of each miner.
“The West Virginia coal mine accident was tragic on so many
levels and has affected the mining industry nationwide,”
Commissioner Berry said. “The tight-knit mining industry of
North Carolina is no exception. The outpouring of respect and
emotion shown for those men who died by everyone in atten-dance
was touching, and I was honored to be present during the
tribute to them.”
North Carolina does not have underground mines and fortu-nately
has not had any fatalities during the past two years. The
Mine and Quarry Bureau will use this accident to stress the importance of maintaining proper safety training and programs at every site in
this state.
Other speakers at the seminars were Jim Spigner, Mine and Quarry Bureau field representative; Steven Sandbrook, president, Eagle Mine
Safety; Scott Hartness, Business Safety Services Inc.; Valerie Beck, PCS Phosphate; Stanley Stevenson, field office supervisor, Mine Safety
and Health Administration, U.S. Department of Labor; and Judith Etterer, southeast health specialist, Mine Safety and Health Administration,
U.S. Department of Labor.
Mine and Quarry Seminars Held in April
Labor Commissioner Cherie Berry addresses the Western North Carolina Mine
Safety and Health Seminar held at the Statesville Civic Center on April 28.
Commissioner Berry provided opening remarks and keynote address, including
data about North Carolina accidents, incident rates in the mining industry and
workers’ compensation.
By Marcy Collyer
OSH Training Supervisor
Beginning in the fall of 2010, the Occupational Safety and Health Division will begin offering the new state NC 500 and NC 501 Train the
Trainer courses. Completion of the courses will allow attendees to teach the OSH 10- and 30-hour general industry and construction industry
awareness courses and offer a state certification card to their employees.
The Train the Trainer Program will be open to public sector employees and employees/employers in industries in the following OSH
Division Special Emphasis Programs:
SEP Program NAICS Code
Construction .........................................................................................................................................000023
Long Term Care .................................................................................................................................000623
Food Manufacturing ..........................................................................................................................000311
Logging/Arboriculture..................................................................................................................056173, 11331
Wood Products ...................................................................................................................................000321
Course schedule:
Oct. 4-8, 2010: NC 500—Construction Industry Outreach Trainer Course
Oct. 25-29, 2010: NC 501—General Industry Outreach Trainer Course
Acceptance into each course will be accomplished by an online application process. Please see our website at www.nclabor.com for
further information on course prerequisites and the application process. If you have any questions, please contact Marcy Collyer, training
supervisor, at (919) 807-2896 or dol.trainthetrainer@labor.nc.gov.
NCDOL OSH Division Launches New State “Train the Trainer” Program
By Steve Sykes
State Plan Coordinator
Fatal Event: On June 10,
2008, a 19-year-old crew
member of a party boat was killed when the boat exploded during
refueling.
Investigation Findings: The victim and two other members of the boat
crew had completed a graduation party excursion on the aluminum-hulled
houseboat. The boat needed refueling. The boat crew
commonly included high school or college students. The victim
volunteered to do the refueling. He had experience working at the
marina and refueling boats. At the time that the boat was being refueled,
crew members, the boat’s owner/captain, and three passengers were
on the boat. As the refueling process began, a gasoline powered
generator and an air conditioner were left running. The generator
that powered the boat’s electrical system and air conditioner was
routinely left on for passenger comfort. The source of ignition for
the gasoline explosion could not be determined.
Discussion: Millions of American children under the age of 18
work in part-time or summer jobs. Early work experiences can be
rewarding for young workers, providing great opportunities to learn
important job skills. Federal and state youth employment laws help
protect underage workers from hazardous and detrimental jobs.
Students who are age 18 and older may be engaged in dangerous
work activities because the youth employment provisions of the
wage and hour laws do not apply to them.
As the 2010 summer work season begins, think about the job that
your son or daughter will perform. Could there be some danger
associated with this activity that your child may not have consid-ered?
It’s fun to reminisce about those crazy summer jobs that we’ve
experienced, but we don’t want these stories to include a friend or
loved one who was hurt on the job.
The N.C. General Assembly amended the OSH Act of North
Carolina in 2009 to increase penalties for serious OSH violations
that result in injuries to employees under 18 years old. Employers
could face a fine of up to $14,000 for each serious violation that
causes the death of or serious injury to an employee under 18 years
old. These new penalty amounts became effective on Dec. 1, 2009,
and the first summer of enforcement will be this year.
The NCDOL Occupational Safety and Health Division has inves-tigated
one fatality involving an employee under the age of 18 in the
last 10 years. Minors may have sustained serious work-related
injuries that were not required to be reported and therefore were not
investigated.
Recommendations for Gasoline Safety
􀀱 Ignition sources should be eliminated when dispensing gasoline
in boats, autos, or even lawn mowers. Any ignition source could
ignite gasoline vapors including a cell phone.
􀀱 Passengers should be removed from a boat during refueling.
􀀱 Use gasoline in open well-ventilated areas.
􀀱 Gas powered equipment should not be refueled when it is hot
so as not to ignite gas vapors.
􀀱 Self-service gas stations and the routine use of gasoline may
make us forget how dangerous gasoline can be when not handled
properly. Don’t let that happen to you this summer. Be safe in
all that you do and teach safety to your young workers too.
7
By Jim Taylor, Administrator
Wage and Hour Bureau
I work as a driver at $18.40
per hour; however, sometimes
I am required to work as a
supervisor on jobs at a pay
rate of $20.70. How would my
overtime rate be calculated if
I worked 30 hours as a driver
and 20 hours as a supervisor
in the same week?
The employer should calculate the composite rate for all hours
worked (30 x $18.40 = $552.00 plus 20 x $20.70 = $414.00) as all
money divided by all hours worked ($966.00 ÷ 50 = $19.32). The
overtime amount due is calculated as $19.32 ÷ 2 = $9.66 x 10 OT
hours = $96.60.
I am an hourly paid, full-time employee whose normal work
schedule is Monday through Thursday. If I am required to
“work/attend” an event on a Friday, is my employer required to pay
me for my time on Friday?
Yes. Hourly paid employees must be paid for all hours actually
worked in a given workweek; if the Friday hours cause you to go over
40 hours for the week, you must also receive overtime compensation
for these hours.
If my employer requires me to give a two-week notice, is he
required to let me work during the notice period or pay me for the
two weeks?
No. Your employer is only required by state and federal wage and
hour laws to pay for the hours actually worked.
I am an hourly paid employee; can my employer require me to work
for free to complete a job that was not finished on the scheduled
date?
No. The employer must pay for all hours worked regardless of the
fact that some of the hours may not fall within the scheduled work
hours.
Is it legal for me to ask my employer to “bank” my overtime hours
now that business has gotten very busy so that I can use them later
in the year when business is not so good?
No, unless you work for a government employer. Otherwise, overtime
must be paid in the pay period in which it was earned.
Can a firefighter volunteer to work for the department in which he
is a paid employee?
No. Although the N.C. Wage and Hour Act [N.C.G.S. 95-
25.14(b1)] contains an exemption for volunteers in an incorporated,
nonprofit volunteer or community fire department, no such exemption
is allowed under the Fair Labor Standards Act (FLSA); therefore, the
federal law on this topic is most restrictive and supersedes the state
law.
Can my employer require me to take a “lunch” break and deduct
the time even though I don’t eat at lunch for dietary reasons?
Break time can be legally deducted from the hours worked under the
following conditions: (a) the employee must be completely relieved
of job duties, and (b) the break must be at least 30 minutes or longer
in duration. There is no requirement that employees actually eat during
meal periods for the time deducted from work hours.
N.C.Department of Labor
OSH Regional and Webinar Courses
Visit the OSH Training Schedule Calendar at www.nclabor.com/
osha/etta/training_calendar/june.html to view upcoming
regional and Internet training courses. The regional training
courses take place in OSH Division offices in Asheville,
Charlotte, Winston-Salem and Raleigh. Upcoming topics
include trenching and excavation, fall protection, scaffolding,
electrical safety, and a Spanish class on the Big 4 hazards in
construction.
8
Wilmington Regional Safety and
Health School
July 29-30
Best Western Coastline Inn, Wilmington
www.wilmingtonsafetyschool.com
Mine and Quarry Training
Part 46 New Miner Training
May 26, Monroe
June 8, Winston-Salem
June 14, Wake Forest
July 12, Wake Forest
Part 46 Annual Refresher Training
June 10, Winston-Salem
June 16, Wake Forest
July 14, Wake Forest
Part 46 Instructor Fundamentals Institute
June 7-10, Monroe
Part 48 New Miner Training
May 25-27, Mebane
First Aid Training
May 27, Monroe
June 9, Winston-Salem
June 15, Wake Forest
July 13, Wake Forest
To register for any of these classes,
contact the Mine and Quarry Bureau at (919) 807-2790.
10-Hour General Industry Course
May 27-28
City of Asheville, Public Works Building
For registration information visit:
www.nclabor.com/osha/etta/10hr/10hrschedule.pdf
May 22, 2010
10 a.m.
N.C. State Fairgrounds, Raleigh
Call (919) 733-7533 for more information.
Cherie Berry
Commissioner of Labor

By Bob O’Neal
Safety Education Specialist
M/I Homes of Charlotte hosted a hands-on safety
training session for its employees working on new
home construction in the Ardrey Woods subdivision
south of Charlotte on April 8. Trainers from the
NCDOL Occupational Safety and Health Division’s
Education, Training and Technical Assistance Bureau
brought Labor One and provided training in both
English and Spanish.
Labor One is the N.C. Department of Labor’s mobile
training unit. It allows the department to provide
employers with safety and health training at their
jobsite or place of business, reducing the amount of
time lost from travel.
“We launched our mobile classroom in 2001
because we wanted to visit as many worksites as
possible in all corners of the state,” Labor Commissioner
Cherie Berry said. “Our safety professionals have
offered training courses in English and Spanish. Construction has been a major focus.”
M/I Homes has been in the Charlotte area since 1986 and has built 4,800 homes that have sold. The company has created an environment
revolving around safety and the continuous training for it. Steve Suttles, vice president for construction, has implemented safety training in the
field on a regular basis and continues to improve the company’s safety rating. M/I Homes Charlotte received the highest Zurich quarterly audit
inspection scores in the company’s history. These audits include construction practices and safety.
The training with Labor One was M/I Homes first safety training with every trade and every worker involved. The company halted
production for the morning to ensure that every worker would attend. The training provided hands-on instruction geared toward hazards in
the residential construction industry.
“The training was a huge success,” Suttles said. “Sometimes the message does not reach the workers. By having the actual workers there,
the safety message reaches the people who are doing the work.”
Labor Commissioner Cherie Berry spoke to all the workers at the beginning of the safety training.
“It was an honor to be invited to speak at M/I Homes for your construction safety day,” Commissioner Berry said. “This company has an
outstanding group of people who value their commitment to worker safety, which is so very important these days.”
Commissioner Berry credited employers and employee groups for implementing sound safety programs that have reduced other work
hazards. The Labor Department established special emphasis programs to target hazardous industries throughout the state, such as construction.
“We’ve witnessed a new level of awareness about safety on the part of employers and employees in our state,” Commissioner Berry said.
“Everyone must continue to work hard because even one fatality or injury is too much.”
She highlighted companies like M/I Homes for taking part in leading and reducing these injuries and illness. Training events like this
benefit all employees from the presidents of companies, to supervisors, down to the individual subcontractors’ employees.
“We believe the last four years show the single biggest improvement in the history of workplace safety in the state,” Commissioner Berry said.
The training provided hands-on opportunities for the workers. One worker, for instance, volunteered to demonstrate how to put on a safety
harness. Alan Fortner, NCDOL Hispanic outreach coordinator, explained how the worker had put the harness on incorrectly and told him how
to do it correctly.
Labor One Safety Training for M/I Homes Employees
Alan Fortner, NCDOL Hispanic outreach consultant, translates Labor Commissioner
Cherie Berry’s remarks for the Spanish-speaking employees of M/I Homes. The Labor
Department’s mobile training unit—Labor One—can be seen in the background.
continued on page 3
May-June 2010
The Third Annual N.C. Lineman’s Rodeo is coming up
Saturday, May 22. The rodeo takes place during the Got
to Be N.C. Festival at the State Fairgrounds in Raleigh.
It is one of my favorite events of the year.
The participants display many different skills during
the rodeo. This year’s event will showcase linemen changing
a pole-mounted transformer; removing and then replacing
horizontal cross arms and bracing on a utility pole; and
rescuing an injured lineman from a utility pole. The
demonstrations will feature both climbing techniques
and the use of a bucket truck.
In addition, Pike Electric will bring its “live line”
demonstration vehicle, which is a training tool used by
the company’s safety department to teach employees,
customers, paramedics, firefighters and the general public
what can happen if electricity is not respected. It has a
transformer that is used to back feed the three-pole
distribution line to 6,900 volts.
Our Apprenticeship and Training Bureau’s list of
apprenticeable occupations include several different
lineman training opportunities. These trades exemplify
the strength of apprenticeship programs—providing
participants with both the classroom knowledge and the
hands-on skills needed to succeed.
I like to call apprenticeship the other four-year degree.
The big difference is apprentices are earning while
they’re learning. They don’t graduate with student
loans—they graduate with jobs. I encourage students,
parents and young workers to explore the opportunities
apprenticeship offers.
Inside this edition:
Cummins Celebrates New Journey Workers page 3
Top Tips to Preventing Heat Stress page 4
Changes Enacted to Enhance Firework Safety page 5
Mine and Quarry Seminars Held in April page 6
NCDOL Launches “Train the Trainer” Program page 6
Deadly Mistakes page 7
Workplace Worries page 7
Bulletin Board page 8
2
From
Commissioner
Cherie Berry
Cherie Berry
Commissioner of Labor
Editor........................................................................Neal O’Briant
Layout and Design..............................................Jeff Wilson
Publications Bureau Chief....................Mike Daniels
1101 Mail Service Center
Raleigh, NC 27699-1101
1-800-625-2267 • www.nclabor.com
Recognition Roundup recognizes businesses that qualify for one of the
N.C. Department of Labor recognition programs. Congratulations to all of
the recent award recipients. To view a complete list of all North Carolina Star
recipient companies, visit www.nclabor.com/osha/star/starsite.htm.
To view a complete list of all North Carolina SHARP companies, visit
www.nclabor.com/osha/consult/sharp_sites.pdf.
Recognition Roundup
Safety and Health Achievement Recognition
Program (SHARP) Award
Parker Marine Enterprises Inc., Beaufort
The Tarheel Electric Membership Association Inc., Raleigh
SCYNEXIS Inc., Tricenter Blvd., Durham
SCYNEXIS Inc., Kit Creek Road, Durham
Rising Star Award
Pactiv Corp., Huntersville
Building Star Award
Balfour Beatty Infrastructure Inc., Southeast Region, Wilmington
Public Sector Star Award
N.C. Department of Agriculture and Consumer Services,
Agronomic Services Division, Raleigh
Carolina Star Award
Kimberly-Clark Corp., Berkeley Mills, Hendersonville
(recertification)
N.C.Department of Labor
Make safety a priority this summer!
By Neal O’Briant
Public Information Officer
Cummins Rocky Mount Engine Plant recognized
13 new journey workers at a celebration luncheon
April 20. These employees completed a four-year
apprenticeship program that includes 8,000 hours of
on-the-job training and an average of 34 semester
hours of classroom instruction at local community
colleges. Cummins has five trades registered in its
apprenticeship program: mechanical machine repair,
electrical machine repair, instrumentation, toolmaker
and test cell instrumentation.
Jim Kornegay, NCDOL eastern field supervisor with
the NCDOLApprenticeship and Training Bureau, was
the guest speaker at the recognition luncheon.
“I helped develop and register Cummins’ apprentice-ship
program with two trades in 1989,” Kornegay said.
“I am proud to see the apprenticeship program has grown
to five disciplines. To date, 189 journey workers have
completed their apprenticeship training at Cummins,
with a remarkable 80 percent completion rate.”
Wayne Ripberger, general manager of Cummins
Rocky Mount Engine Plant, reminded the new journey
workers that while finishing their apprenticeship was
an important benchmark in their careers, learning was
a lifelong continuous process.
Robin Odom, assistant bureau chief with the
NCDOL Apprenticeship and Training Bureau, and
Lula Powell, NCDOL apprenticeship consultant, presented the completion certificates to each journey worker.
Jesse Ellis and Scott Harrison received academic excellence awards for completing the program with the highest grade-point averages.
3
Cummins Rocky Mount Engine Plant Celebrates New Journey Workers
Cummins Rocky Mount Engine Plant recognized 13 new journey workers April 20. (l-r)
Wayne Ripberger, Cummins RMEP general manager; Donte Myrick; Ron Ellis, Cummins
RMEP human resources director; Charlie Grant; Haywood Hendricks; Kevin Taylor; Lula
Powell, NCDOL apprenticeship consultant; Scott Harrison; Robin Odom, NCDOL assistant
bureau chief for apprenticeship and training; Marvin Tyler; Kenneth Farmer; Corey
Pittman; Kelly Littlefield; Jim Kornegay, NCDOL eastern field supervisor for apprenticeship
and training; and Jay Carlin, Cummins RMEP supervisor of apprentices. Journey workers
not pictured: George Earp, Jesse Ellis, James Harrison and Robert Harrison.
Labor One Safety Training for M/I Homes Employees
continued from page 1
“The workers really learn better by seeing,” Suttles said. “We received feedback from them that they learned a lot of things they did not
know.”
Commissioner Berry made creating strong partnerships with the private sector one of her top priorities after being elected in 2000. She
wants businesses and government to work together to create a safer North Carolina.
“At the end of the day,” Suttles said, “if we can save one life, it’s phenomenal.”
Labor Commissioner Cherie Berry presents the Building Star certificate to Mike
Humphrey, vice president of operations for David Weekley Homes on May 10. David
Weekley Homes is a leader in residential construction industry in the United States and
builds homes in 14 markets from Colorado to the Carolinas. The company is the second
largest privately-held builder in America.
Get your FREE subscription today!
By Regina Luginbuhl
Agricultural Safety and Health Bureau Chief
Several years ago, the NCDOL Agricultural Safety and Health Bureau had a problem: workers were dying from heat stress/heat stroke.
There were four farmworker deaths in 2005, and three in 2006.
The ASH Bureau got help: a survey of 1,000 North Carolina growers indicated that the problem was not an isolated one: both farmworkers
and farm operators suffered from heat stress. It was also a community problem: high school athletes suffered from heat stress, as did firefighters,
and those who worked in hot, unventilated areas during the summer months.
Farmworkers who were unfamiliar with North Carolina’s deadly combination of heat and humidity were especially vulnerable. Many
arrived ready to work in July and came from areas that were hot but arid. They were not prepared for work in tobacco fields with little shade
where humidity was high.
The Agricultural Safety and Health Bureau prepared materials and programs to attack the problem: bilingual educational news bulletins,
posters, DVDs and other materials discussing heat stress/stroke symptoms and prevention methods. These materials were shared with North
Carolina farm operators.
In 2008, the Agricultural Safety and Health Bureau’s summer intern Lauren Bauer had a conversation with Kevin King, staff athletic trainer
at the University of North Carolina at Chapel Hill, regarding the ASH Bureau’s interest in preventing heat stress and heat stroke.
Prior to coming to UNC, Kevin spent more than three years as a staff assistant athletic trainer working football in the ACC. He also served
as a sports medicine intern with the following teams: Cleveland Browns, New York Giants, Pittsburgh Pirates, San Diego Padres, and the
Carolina Mudcats. Currently working with UNC athletes, and particularly with football players in the summer months when heat and humidity
are high, King knows a lot about heat prevention. He provided several very practical ideas.
Former intern Lauren Bauer graduated with a dual major in biology and Spanish in May 2010. She plans to enter medical school in the fall.
We wanted to share their discussion of heat prevention with you, our readers.
Bauer: What is the best way to cool someone down when they are overheated?
King: The best method of cooling (lowering the body’s core temperature) is ice water immersion.
There is nearly a 100 percent success rate documented when utilizing this technique. However, this
care must occur during the “Golden Half Hour”—the first 30 minutes after a person begins to
exhibit signs of heat injury. The goal is to lower the body’s core temperature to 100–102°F. Ice
water immersion can be performed in a 100-gallon tub.
Bauer: What’s the best way for someone to know when they are not drinking enough liquid?
King: Dehydration is one of the primary causes of heat illness. Therefore, one of the key factors
for prevention is staying well-hydrated. One of the easiest ways that employees can assess dehy-dration
is by voiding their bladder and doing a “color check.” When you have been drinking
enough fluids (and are well-hydrated), your urine will be a very pale color. See the chart below.
The light colors indicate good hydration and the darker colors indicate a need to increase fluid
intake. In addition, weight loss can also be an indicator of hydration status. Obtain a weight before
an activity and compare the measure to the weight post-activity. A loss of more than 2 percent of
body weight indicates dehydration and can lead to dysfunction.
Bauer: What are some of the suggested supplies for a heat illness prevention program?
King: Use this list. These supplies are readily available and none are expensive. They should be part of a good heat stress prevention program.
100-gallon rubber tub or child’s wading pool and ice Scale Fan/air conditioner
Rehydration fluids (sports drinks/water) Shaded area (tent/building) Thermometer
Means of monitoring the temperature and relative humidity Urine chart Cell phone
All of these are relatively inexpensive, easy to use, and effective. If you have
employees who work in the heat and humidity, keep this article and be prepared to
use its information to prevent heat stroke. If an employee becomes overheated,
remember the Golden Half Hour and begin these steps to cool down the overheated
employee immediately after dialing 911 and the outcome will be a positive one.
Since 2006, there have not been any heat stress fatalities in agriculture in North
Carolina. We will keep working on the programs available, creating others as needed,
and partnering with the agricultural community so that we can to keep this positive
news—no heat stress fatalities—current for the summer ahead.
Note: For more information on heat stress, view the segment on heat stress
presented in the agricultural safety and health farm safety DVD, A Guide to
Preventing Heat Stress, and information in the Agricultural Safety and Heath
Guide and in other materials produced by the N.C. Department of Labor. Share the
DVD with your workers and ensure that they understand what heat stress is and
how to prevent it. Call (919) 807-2923 to obtain a copy of the DVD.
Top Tips to Preventing Heat Stress
A tub like this one, filled with enough ice
water to cover the victim’s entire body,
works well for ice water immersion. A
child’s plastic wading pool also works.
!
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!
A urine chart like this one can help you to assess if you
are drinking enough fluids.
4
5
By Ed Lewis
Safety Standards Officer
Firework celebrations are enjoyed by millions of people
around the world. Fireworks displays have become progressively
more complex in an effort to enhance the spectacular nature of
the pyrotechnic effects.
Display fireworks—also known as commercial fireworks,
Class B special fireworks and 1.3G explosives—are pyrotechnic
devices intended for use outdoors where the audience is at a
distance. It typically takes an entire day to set up a professional
fireworks display. The size of these fireworks can range from 2
inches to more than 24 inches in diameter, depending on the
effect and distance from the audience.
On July 4, 2009, fireworks contained inside a rental truck
exploded while the workers prepared for a 40-minute fireworks
display at Ocracoke Island on North Carolina’s Outer Banks,
resulting in the death of four employees and serious burns to a
fifth employee.
The federal Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) is responsible for the regulation of explosives
and has jurisdiction over the storage and transportation/security
of fireworks. At the time of the explosion, North Carolina laws did not require operators to be trained or certified when participating in
pyrotechnic activity.
The N.C. General Assembly enacted the Pyrotechnics Safety Permitting Act last summer after the explosion to improve pyrotechnic safety
in North Carolina. This law sets established guidelines for the Office of State Fire Marshal in the N.C. Department of Insurance to regulate
testing and training requirements. These requirements can be found at N.C. Gen. Stat. 58-82A, Pyrotechnics Training and Permitting, and 11
NCAC 05D.
The Office of State Fire Marshal requires that operators have the permits that it issues. There is a special permit for assistants who perform
shows under the direct supervision of an operator. In addition, there is a permit required from the county commissioners as specified in N.C.
Gen. Stat. 14-413. Pyrotechnic displays are permitted in counties or cities that have passed ordinances allowing such displays. The local
governmental authority may issue a pyrotechnic display permit to any applicant who meets requirements.
While there are no specific OSHA standards that address pyrotechnic procedures, N.C. General Statute 95-129(1), commonly referred to
as the General Duty Clause, may be applied for recognized hazards not covered by a specific standard. The N.C. Department of Labor issued
citations to the company involved in last year’s fatal fireworks explosion. The citations listed nine serious violations—including five General
Duty Clause violations—and two non-serious violations, with a total penalty of $44,800. The company has appealed the citations.
Guidance on proper handling of fireworks is available from the American Pyrotechnics Association’s Display Fireworks Training Program
and the National Fire Protection Association’s Code for Fireworks Display (NFPA 1123). Additional guidance is available on a number of
related subjects such as storage, transportation, static electricity and security through additional APA, NFPA, DOT and ATF documents.
Safety techniques when setting up a fireworks display
􀀰 Remove all potential sources of ignition; e.g., lighters, cigarettes, matches, metal clipboards, motors, metal pens and pencils.
􀀰 Use non-spark producing tools.
􀀰 Do not use mobile phones while involved in pyrotechnic activities. Radio frequency signals from mobile phones may set off explosions.
􀀰 Prevent static electricity in the area of explosives. The human body is an electrical conductor and has been responsible for numerous
incidents of static electric discharge (NFPA 77).
􀀰 Do not wear improper clothing when involved in pyrotechnic activity. Proper clothing includes all-cotton garments.
􀀰 Never work with pyrotechnics alone. Make sure someone else is in the area.
􀀰 Keep safe distances from props used in the show.
􀀰 Keep fire extinguishers and buckets of water on site at all times.
􀀰 Humidity, cold and heat may affect the way props work. Always plan for the unexpected when setting up a fireworks display.
Changes Enacted to Enhance Firework Safety
www.nclabor.com 􀂙 1-800-625-2267
Damaged rental truck sits near Ocracoke Island’s South Ferry Terminal after
a fireworks explosion killed four and injured one on July 4, 2009.
6
By Neal O’Briant
Public Information Officer
The NCDOL Mine and Quarry Bureau held two seminars for
the mining industry in April. The Eastern North Carolina Mine
Safety and Health Seminar took place in Wilson on April 27.
The Western North Carolina Mine Safety and Health Seminar
followed in Statesville the next day. These seminars brought
industry leaders together to discuss mine safety and learn about
industry trends.
William Gerringer, bureau chief for the Mine and Quarry
Bureau, welcomed participants to the seminars and introduced
Labor Commissioner Cherie Berry. Gerringer dedicated the
program to the 29 coal miners who died in West Virginia earlier
in April and showed a slide presentation that included a photo
of each miner.
“The West Virginia coal mine accident was tragic on so many
levels and has affected the mining industry nationwide,”
Commissioner Berry said. “The tight-knit mining industry of
North Carolina is no exception. The outpouring of respect and
emotion shown for those men who died by everyone in atten-dance
was touching, and I was honored to be present during the
tribute to them.”
North Carolina does not have underground mines and fortu-nately
has not had any fatalities during the past two years. The
Mine and Quarry Bureau will use this accident to stress the importance of maintaining proper safety training and programs at every site in
this state.
Other speakers at the seminars were Jim Spigner, Mine and Quarry Bureau field representative; Steven Sandbrook, president, Eagle Mine
Safety; Scott Hartness, Business Safety Services Inc.; Valerie Beck, PCS Phosphate; Stanley Stevenson, field office supervisor, Mine Safety
and Health Administration, U.S. Department of Labor; and Judith Etterer, southeast health specialist, Mine Safety and Health Administration,
U.S. Department of Labor.
Mine and Quarry Seminars Held in April
Labor Commissioner Cherie Berry addresses the Western North Carolina Mine
Safety and Health Seminar held at the Statesville Civic Center on April 28.
Commissioner Berry provided opening remarks and keynote address, including
data about North Carolina accidents, incident rates in the mining industry and
workers’ compensation.
By Marcy Collyer
OSH Training Supervisor
Beginning in the fall of 2010, the Occupational Safety and Health Division will begin offering the new state NC 500 and NC 501 Train the
Trainer courses. Completion of the courses will allow attendees to teach the OSH 10- and 30-hour general industry and construction industry
awareness courses and offer a state certification card to their employees.
The Train the Trainer Program will be open to public sector employees and employees/employers in industries in the following OSH
Division Special Emphasis Programs:
SEP Program NAICS Code
Construction .........................................................................................................................................000023
Long Term Care .................................................................................................................................000623
Food Manufacturing ..........................................................................................................................000311
Logging/Arboriculture..................................................................................................................056173, 11331
Wood Products ...................................................................................................................................000321
Course schedule:
Oct. 4-8, 2010: NC 500—Construction Industry Outreach Trainer Course
Oct. 25-29, 2010: NC 501—General Industry Outreach Trainer Course
Acceptance into each course will be accomplished by an online application process. Please see our website at www.nclabor.com for
further information on course prerequisites and the application process. If you have any questions, please contact Marcy Collyer, training
supervisor, at (919) 807-2896 or dol.trainthetrainer@labor.nc.gov.
NCDOL OSH Division Launches New State “Train the Trainer” Program
By Steve Sykes
State Plan Coordinator
Fatal Event: On June 10,
2008, a 19-year-old crew
member of a party boat was killed when the boat exploded during
refueling.
Investigation Findings: The victim and two other members of the boat
crew had completed a graduation party excursion on the aluminum-hulled
houseboat. The boat needed refueling. The boat crew
commonly included high school or college students. The victim
volunteered to do the refueling. He had experience working at the
marina and refueling boats. At the time that the boat was being refueled,
crew members, the boat’s owner/captain, and three passengers were
on the boat. As the refueling process began, a gasoline powered
generator and an air conditioner were left running. The generator
that powered the boat’s electrical system and air conditioner was
routinely left on for passenger comfort. The source of ignition for
the gasoline explosion could not be determined.
Discussion: Millions of American children under the age of 18
work in part-time or summer jobs. Early work experiences can be
rewarding for young workers, providing great opportunities to learn
important job skills. Federal and state youth employment laws help
protect underage workers from hazardous and detrimental jobs.
Students who are age 18 and older may be engaged in dangerous
work activities because the youth employment provisions of the
wage and hour laws do not apply to them.
As the 2010 summer work season begins, think about the job that
your son or daughter will perform. Could there be some danger
associated with this activity that your child may not have consid-ered?
It’s fun to reminisce about those crazy summer jobs that we’ve
experienced, but we don’t want these stories to include a friend or
loved one who was hurt on the job.
The N.C. General Assembly amended the OSH Act of North
Carolina in 2009 to increase penalties for serious OSH violations
that result in injuries to employees under 18 years old. Employers
could face a fine of up to $14,000 for each serious violation that
causes the death of or serious injury to an employee under 18 years
old. These new penalty amounts became effective on Dec. 1, 2009,
and the first summer of enforcement will be this year.
The NCDOL Occupational Safety and Health Division has inves-tigated
one fatality involving an employee under the age of 18 in the
last 10 years. Minors may have sustained serious work-related
injuries that were not required to be reported and therefore were not
investigated.
Recommendations for Gasoline Safety
􀀱 Ignition sources should be eliminated when dispensing gasoline
in boats, autos, or even lawn mowers. Any ignition source could
ignite gasoline vapors including a cell phone.
􀀱 Passengers should be removed from a boat during refueling.
􀀱 Use gasoline in open well-ventilated areas.
􀀱 Gas powered equipment should not be refueled when it is hot
so as not to ignite gas vapors.
􀀱 Self-service gas stations and the routine use of gasoline may
make us forget how dangerous gasoline can be when not handled
properly. Don’t let that happen to you this summer. Be safe in
all that you do and teach safety to your young workers too.
7
By Jim Taylor, Administrator
Wage and Hour Bureau
I work as a driver at $18.40
per hour; however, sometimes
I am required to work as a
supervisor on jobs at a pay
rate of $20.70. How would my
overtime rate be calculated if
I worked 30 hours as a driver
and 20 hours as a supervisor
in the same week?
The employer should calculate the composite rate for all hours
worked (30 x $18.40 = $552.00 plus 20 x $20.70 = $414.00) as all
money divided by all hours worked ($966.00 ÷ 50 = $19.32). The
overtime amount due is calculated as $19.32 ÷ 2 = $9.66 x 10 OT
hours = $96.60.
I am an hourly paid, full-time employee whose normal work
schedule is Monday through Thursday. If I am required to
“work/attend” an event on a Friday, is my employer required to pay
me for my time on Friday?
Yes. Hourly paid employees must be paid for all hours actually
worked in a given workweek; if the Friday hours cause you to go over
40 hours for the week, you must also receive overtime compensation
for these hours.
If my employer requires me to give a two-week notice, is he
required to let me work during the notice period or pay me for the
two weeks?
No. Your employer is only required by state and federal wage and
hour laws to pay for the hours actually worked.
I am an hourly paid employee; can my employer require me to work
for free to complete a job that was not finished on the scheduled
date?
No. The employer must pay for all hours worked regardless of the
fact that some of the hours may not fall within the scheduled work
hours.
Is it legal for me to ask my employer to “bank” my overtime hours
now that business has gotten very busy so that I can use them later
in the year when business is not so good?
No, unless you work for a government employer. Otherwise, overtime
must be paid in the pay period in which it was earned.
Can a firefighter volunteer to work for the department in which he
is a paid employee?
No. Although the N.C. Wage and Hour Act [N.C.G.S. 95-
25.14(b1)] contains an exemption for volunteers in an incorporated,
nonprofit volunteer or community fire department, no such exemption
is allowed under the Fair Labor Standards Act (FLSA); therefore, the
federal law on this topic is most restrictive and supersedes the state
law.
Can my employer require me to take a “lunch” break and deduct
the time even though I don’t eat at lunch for dietary reasons?
Break time can be legally deducted from the hours worked under the
following conditions: (a) the employee must be completely relieved
of job duties, and (b) the break must be at least 30 minutes or longer
in duration. There is no requirement that employees actually eat during
meal periods for the time deducted from work hours.
N.C.Department of Labor
OSH Regional and Webinar Courses
Visit the OSH Training Schedule Calendar at www.nclabor.com/
osha/etta/training_calendar/june.html to view upcoming
regional and Internet training courses. The regional training
courses take place in OSH Division offices in Asheville,
Charlotte, Winston-Salem and Raleigh. Upcoming topics
include trenching and excavation, fall protection, scaffolding,
electrical safety, and a Spanish class on the Big 4 hazards in
construction.
8
Wilmington Regional Safety and
Health School
July 29-30
Best Western Coastline Inn, Wilmington
www.wilmingtonsafetyschool.com
Mine and Quarry Training
Part 46 New Miner Training
May 26, Monroe
June 8, Winston-Salem
June 14, Wake Forest
July 12, Wake Forest
Part 46 Annual Refresher Training
June 10, Winston-Salem
June 16, Wake Forest
July 14, Wake Forest
Part 46 Instructor Fundamentals Institute
June 7-10, Monroe
Part 48 New Miner Training
May 25-27, Mebane
First Aid Training
May 27, Monroe
June 9, Winston-Salem
June 15, Wake Forest
July 13, Wake Forest
To register for any of these classes,
contact the Mine and Quarry Bureau at (919) 807-2790.
10-Hour General Industry Course
May 27-28
City of Asheville, Public Works Building
For registration information visit:
www.nclabor.com/osha/etta/10hr/10hrschedule.pdf
May 22, 2010
10 a.m.
N.C. State Fairgrounds, Raleigh
Call (919) 733-7533 for more information.
Cherie Berry
Commissioner of Labor